[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24341-24342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9841]



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Rules and Regulations
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules 
and Regulations

[[Page 24341]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2010-BT-TP-0021]
RIN 1904-AC08


Energy Conservation Program: Test Procedures for Residential 
Clothes Washers; Correction

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This final rule corrects the provisions for calculating the 
annual operating cost of residential clothes washers. In the final rule 
establishing new and amended test procedures for residential clothes 
washers, published in the Federal Register on March 7, 2012, and 
effective as of April 6, 2012, the U.S. Department of Energy (DOE) 
erroneously referenced the new test procedure, rather than the 
currently effective test procedure, in one section of the provisions 
for calculating annual operating cost.

DATES: This correction is effective April 24, 2012.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Witkowski, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-7463. Email: Stephen.Witkowski@ee.doe.gov.
Elizabeth Kohl, Esq., U.S. Department of Energy, Office of General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-7796. Email: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: DOE published new and amended test 
procedures for residential clothes washers on March 7, 2012. 77 FR 
13888. The current test procedure is codified at appendix J1 in 10 CFR 
part 430 subpart B. The March 2012 final rule amended certain 
provisions in appendix J1, established new clothes washer test 
procedures codified in a new appendix J2 in 10 CFR part 430 subpart B, 
and amended the procedures for calculating the annual operating cost in 
10 CFR 430.23(j). Residential clothes washer manufacturers may continue 
to use appendix J1 to determine compliance of their products with 
energy conservation standards until the compliance date of any amended 
standards.
    In the preamble to the March 2012 final rule, DOE described its 
intention to amend the annual operating cost calculation in 10 CFR 
430.23(j) to incorporate the cost of energy consumed in standby and off 
modes, and to reflect an updated number of annual use cycles, for 
clothes washers tested using the new appendix J2. DOE intended to 
maintain the annual operating cost calculation for clothes washers 
tested using the currently effective appendix J1, which applies to 
residential clothes washers currently on the market. In the March 2012 
final rule, DOE erroneously referenced appendix J2 in the provisions at 
newly designated 10 CFR 430.23(j)(1)(i), which are intended to apply to 
clothes washers tested using appendix J1. The remainder of the text in 
paragraph (i) correctly refers to appendix J1. The provisions for 
calculating the annual operating cost of clothes washers tested using 
appendix J2 are found at the newly created 10 CFR 430.23(j)(1)(ii).
    This final rule amends 10 CFR 430.23(j)(1)(i) to reference appendix 
J1 rather than appendix J2. This correction also applies to the 
parenthetical note in 430.23(j)(1)(i), which should reference the 
introductory note in appendix J1 rather than appendix J2.
    For clarity and consistency between 430.23(j)(1)(i) and 
430.23(j)(1)(ii), this final rule also amends 430.23(j)(1)(ii) to 
include a parenthetical note, analogous to the parenthetical note in 
430.23(j)(1)(i), referencing the introductory note in appendix J2.

Procedural Issues and Regulatory Review

    The regulatory reviews conducted for this rulemaking are those set 
forth in the March 2012 final rule that originally codified amendments 
to DOE's test procedures for residential clothes washers. The 
amendments in the March 2012 final rule became effective April 6, 2012.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE 
has determined that notice and prior opportunity for comment on this 
rule are unnecessary and contrary to the public interest. The 
provisions in 10 CFR 430.23(j)(1)(i) are intended to apply to 
residential clothes washers currently on the market, as indicated by 
the remaining text of paragraph (i) that follows the erroneous 
reference to appendix J2. In addition, this correction is needed to 
ensure clarity regarding the annual energy cost calculated according to 
430.23(j)(1)(i), which is required to be displayed on the Federal Trade 
Commission's current EnergyGuide Label for residential clothes washers 
as the primary indicator of product energy efficiency. (16 CFR 
305.5(a)(6); 305.11(f)(5); (f)(8)) For these reasons, DOE has also 
determined that there is good cause to waive the 30-day delay in 
effective date.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on April 17, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, part 430 of title 10 of the 
Code of Federal Regulations is corrected by making the following 
correcting amendments:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.


0
2. Section 430.23 is amended by revising paragraphs (j)(1)(i) 
introductory text and (ii) introductory text to read as follows:

[[Page 24342]]

Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (j) * * *
    (1) * * *
    (i) When using appendix J1 (see the note at the beginning of 
appendix J1),
* * * * *
    (ii) When using appendix J2 (see the note at the beginning of 
appendix J2),
* * * * *
[FR Doc. 2012-9841 Filed 4-23-12; 8:45 am]
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